Court records: Son of UPD deputy chief has avoided previous criminal charges
Published: Thursday, July 25, 2013 at 6:07 p.m.
Last Modified: Thursday, July 25, 2013 at 6:07 p.m.
When the University of Florida Police Department on June 29 allowed Deputy Chief Tony Dunn to retrieve his son from a DUI stop in which Marc A. Dunn, 23, registered a blood-alcohol level of .176, it was not the first time the younger Dunn had caught a break in the legal system.
Marc Dunn's first criminal traffic charge came on May 30, 2009, at 4:23 a.m. when a then-19-year-old Dunn was allegedly involved in a hit-and-run accident resulting in an estimated $2,100 in damage. He also was issued a civil infraction in that incident for improper backing.
But less than three weeks later, on June 17, the State Attorney's Office dropped the criminal charge against Dunn, citing completion of "3W traffic sanctions," according to court records.
When The Sun contacted the Alachua County Clerk of Court's Office to verify what sanctions Dunn had completed, a clerk explained that there was no record of sanctions being completed nor was there an order by the court for Dunn to complete any sanctions. In a telephone interview, State Attorney Bill Cervone said Assistant State Attorney Steve Frisco, who handled the case, worked out an informal deferred prosecution agreement with Dunn's attorney, Daniel J. Glassman.
The agreement required Marc Dunn to complete 20 hours of community service, pay full restitution to the victim and write a sincere apology letter of 500 words or more.
Furthermore, Dunn was allowed to complete his community service hours at UPD.
Sources at UPD say they have no record of what the younger Dunn did while serving there, but the State Attorney's Office did provide The Sun with a copy of a letter signed by Sgt. Nick Konopka. It stated, "Mar[c] Dunn has worked ten hours of Community Service on Thursday 6/11/2009 and Monday 6/15/2009 equaling twenty(20) hours of service for the University of Florida Police Department's Community Services Division."
When asked about the frequency of informal deferred prosecutions outside the court system, state attorney spokesman Darry Lloyd said he had no record of how often it happened in the past but that Cervone stopped agreeing to such arrangements about two years ago.
Less than six months after the hit-and-run case was dismissed, Marc Dunn was arrested on charges of public loitering and prowling in a parking lot in downtown Gainesville. According to a report by the Gainesville Police Department, Officer Robert Concannon observed Marc Dunn at 1:34 a.m. looking into car windows and appearing to tamper with them.
The State Attorney's Office later changed the charge to disorderly conduct by public intoxication and in April 2010 dismissed the case altogether, saying Dunn had been sentenced on other charges. The Alachua County Clerk of Court's Office, however, had no record of the other charges on which Dunn had been sentenced.
Lloyd later said Dunn had been sentenced on a violation of probation charge in Indian River County.
A public records request revealed that two months after Dunn's hit-and-run charges were dismissed, he was arrested on allegations he shoplifted at a Dillard's department store in Vero Beach. Dunn spent three days in jail after his arrest and was sentenced to time served and six months of probation, with adjudication withheld.
The December disorderly conduct charge was a violation of Dunn's petty theft probation. He was arrested on an Indian River warrant on Jan. 4, 2010, and released on his own recognizance. A court notation on the docket indicated Dunn would be living at his dad's house while the case was pending.
In March 2010, Dunn admitted to the probation violation and was sentenced to a reinstatement of his probation with the additional sanction of wearing an alcohol monitor for 60 days. The court upheld Dunn's withheld adjudication, and his probation was terminated altogether on May 12, 2010.
The rest of Dunn's criminal history shows only traffic citations prior to his June 29 stop on the UF campus. In 2012, he was cited for failure to stop at a stop sign and not having proof of insurance in separate incidents. In 2013, he was cited for failure to yield to a school bus. He paid all fines in full on those citations.
On June 29, he was pulled over for driving the wrong way on a one-way road. The UPD officers who pulled him over reported that he appeared intoxicated and smelled of alcohol.
After the initial bicycle patrol officers gave Dunn a warning, UPD Lt. Robert Wagner arrived at the scene and gave a breath test to Dunn that is typically inadmissible in court. Dunn then registered a blood-alcohol level twice the legal limit of .08, and Wagner called Deputy Chief Dunn, who later picked his son up and drove him home.
It wasn't until July 17, after The Sun inquired about the incident, that UPD filed a sworn complaint with the State Attorney's Office against Dunn. The complaint is sparse, Cervone has acknowledged, as the officers on scene did not conduct a DUI investigation.
The day after the complaint was filed, Deputy Chief Darren Baxley said all officers involved except Tony Dunn would undergo remedial training. The Sun had not been able to confirm by late Thursday whether any such training had been scheduled.
The State Attorney's Office says the complaint remains under review.